PEOPLE v. ANONYMOUS

Ind No. 3433/14. Appeal No. 12054. Case No. 2017-2259.

187 A.D.3d 512 (2020)

133 N.Y.S.3d 254

2020 NY Slip Op 05689

The People of the State of New York, Respondent, v. Anonymous, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 13, 2020.


The court properly denied defendant's motion to suppress a statement he made after police entered an apartment he was staying in and informed him that they were present to execute a search warrant for a firearm. Notwithstanding an apparent inconsistency in an officer's testimony, the record supports the hearing court's factual determination that defendant volunteered his admission without being asked for the location of the weapon. Accordingly, Miranda warnings were...

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